Serving Unit 5 and El Paso-Gridley District 11

Evaluation and Determination of Eligibility

A. Definitions 
   1. Date of Referral: The date on which written parental consent to complete an evaluation is obtained or provided.
     2. Domain: An aspect of a child’s functioning or performance that must be considered in the course of designing an evaluation. The domains are
health, vision, hearing, social and emotional status, general intelligence, academic performance, communication status, and motor abilities.

B. Procedures Upon Receipt of Referral
   Upon receipt of a referral for a full and individual evaluation, the Member District shall:

     a. Obtain any required parental/guardian consent for the full and individual evaluation;
     b. Determine whether and to what extent, further evaluation data is needed in each of the relevant domains and from what sources that information should be obtained;
     c. Advise evaluation team members of the referral and the anticipated 
completion date of all evaluation components; and 
     d. Coordinate a meeting to consider the results of the completed evaluation(s).

C. Identification of Needed Assessments
   1. An evaluation shall cover all domains, which are relevant to the individual 
student under consideration.
     2. The following procedures shall be used for an evaluation:

         a. The IEP team members shall review and evaluate existing 
information about the student, including the following if available:

             (1) Information from a variety of formal and informal including information provided by the student’s parent(s)/guardian(s);
             (2) Current classroom-based assessments and observations; 
             (3) Observations by teachers and providers or related services;
             (4) Information, if any, provided by the student; and 
             (5) Information from specialized evaluations such as those performed by independent evaluators, medical evaluators, behavioral intervention specialists, bilingual specialists, etc. 

         b. The IEP team may conduct its review without a meeting. 
         c. After review of the information described above, the IEP team members shall determine whether additional evaluation data is needed in any relevant domain and from what source(s) to determine:

             (1) Whether the student has, or continues to have, one or more of the disabling condition;
             (2) The present levels of performance and educational needs of the student;
             (3) Whether the disability is adversely affecting the student’s education;
             (4) Whether the student needs (or continues to need) special education and related services; and
             (5) Whether any additions or modifications to the student’s special education and related services are needed to enable the student to meet the goals set out in his or her IEP and to participate appropriately in the general curriculum.

         d. If evaluation data is needed, consent shall be obtained prior to conducting the evaluation. After consent is obtained, qualified individuals will complete the recommended assessments. At the time of consent, the parent(s)/guardian(s) shall be provided a copy of the notice of procedural safeguards.
         e. After determining that evaluation data is needed, the Member District must administer or arrange for such tests and other evaluation procedures as must be necessary to produce the necessary information.
         f. If evaluation data is needed, the Member District will provide 
written notice to the parent(s)/guardian(s) of: 

             (1) The determination and the reasons for it; and
             (2) Advise the parent(s)/guardian(s) of their right to request an assessment for the sole purpose of determining whether the student is or continues to be eligible for special education and related services.

         g. Within 10 school days after a parent/guardian requests an assessment to determine whether the student is or continues to be eligible for special education and related services as described in (C)(2)(f) above, the Member District shall:

             (1) Notify the parent(s)/guardian(s) that it will conduct the assessment and make the necessary arrangements, or
             (2) Request a due process hearing or notify the parent(s)/ guardian(s) of his or her right to request a due process hearing.

D. Timeline for Convening the IEP Meeting
   1. (105 ILCS 5/14-8.02 (b) (226.75) (226.110 d) Within 60 school days from the date of referral and obtaining written consent to conduct an evaluation, an IEP meeting will be convened to consider the evaluation information and, if the student is determined eligible, an IEP must be developed. 
     2. (105 ILCS 5/14-8.02 (b) (226.110) If there are fewer than 60 pupil attendance days remaining in the school year, the evaluation will be completed and a meeting will be convened prior to the first day of the next school year with an IEP developed, as appropriate. 

E. Evaluation Requirements
   1. Before a student is evaluated, the school district will determine student’s primary language or other mode of communication and general cultural identification, in accordance with the requirements of 23 Ill. Admin. Code 226.140.
     2. Any recommended tests and other evaluation materials will be:

         a. Selected and administered so as not to be discriminatory on a racial or cultural basis;
         b. Provided and administered in the student's native language or other mode of communication, unless it is clearly not feasible to do so;
         c. Technically sound and designed to assess specific aspect(s) of the student’s functioning;
         d. Administered by trained and knowledgeable personnel and consistent with the instructions provided by their publishers;
         e. Validated for the specific purposes for which it is used; and
         f. Selected and administered so as to ensure that if such instrument is provided to a student with impaired sensory, motor or communication skills, that the test results accurately reflect the level of the student’s achievement and/or aptitude.

     3. No single procedure and no single individual shall be used as the sole criterion or evaluator to assess whether or not a student has a disability or in determining appropriate programming for the student. Tests and other evaluation materials shall be tailored to assess specific areas of educational need and may not be merely those that are designed to provide a single general intelligence quotient.
     4. MVSEA and its Member Districts shall use assessment tools and strategies that provide relevant information and are sufficiently comprehensive to assist in identifying all of the student’s needs for special education and related services, whether commonly linked to the disability according to which the student has been classified.
     5. If the assessment is conducted under nonstandard conditions, a description of the extent to which the assessment varied from standard conditions shall be included in the evaluation report. 
     6. Any individual conducting a component of an evaluation shall meet the requirements set forth in 23 Ill. Admin. Code 226.840.
     7. If any portion of an evaluation cannot be completed due to lack of parental/ guardian involvement, religious convictions of the family, or inability of the student to participate in an evaluation procedure, the Member District shall note missing portions in the evaluation report and state the reasons why such portions could not be completed.

F. Determination of Eligibility
    1. No later than 60 school days following the date of obtaining written consent to conduct an evaluation (or prior to the first day of the next school year if there are fewer than 60 pupil attendance days remaining at the time consent if provided), an IEP meeting will be convened to consider the results of the evaluation and, if the student is determined to be eligible for special education and related services, to develop an IEP. 
    2. The IEP team shall include the following individuals:

        a. The parent(s)/guardian(s) of the student;
        b. A general education teacher if the student is, or may participate in 
the general education environment. For a student of less than school age, an individual qualified to teach preschool students; 
        c. A special education teacher; 
        d. A representative of the Member District whom; 

           (1) Is qualified to provide, to supervise the provision of, specially designed instruction to meet the needs of students with disabilities;
           (2) Is knowledgeable about the general curriculum;
           (3) Is knowledgeable about the MVSEA and the Member District’s resources; and
           (4) Has the authority to make commitments for the provision of resources and is able to ensure that the services set out in the IEP are implemented;

       e. The IEP Team shall include an individual who is qualified to interpret the instructional implications of the evaluation results, who may be one of the individuals listed above;
       f. A representative of any other agency that is likely to be responsible for providing or paying for transition services, if the student is one for whom transition services are to be planned;
       g. The student, if age 18 years or older and/or if a purpose of the IEP meeting is to plan for needed transition services.
       h. Other individuals with knowledge or special expertise regarding the student, including providers of related services; and
        i. An individual qualified to administer individual diagnostic evaluations of students if the student is suspected of having a learning disability.

    3. The IEP Team, after considering the evaluation and other information available regarding the student, shall determine whether the child is or continues to be eligible for special education and related services as a student with a disability as defined by federal and state law. In making this determination, the IEP Team shall:

       a. Draw upon information from a variety of sources, including aptitude and achievement tests, parental input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior;
       b. Ensure that information obtained from all of these sources is 
documented and considered; and
       c. Ensure that a psychological evaluation has been conducted and a recommendation for eligibility has been made by a school psychologist for all children determined mentally impaired.

    4. A student may not be determined eligible if the determinant factor for that determination is lack of instruction in reading or math or limited English proficiency and the student does not otherwise meet the Member District’s eligibility criteria.
    5. A report of the IEP meeting will be prepared and contain the following:

        a. A description of the team’s consideration of pre-existing information about the student, all new evaluation results obtained, and any other information relevant to the decision about the student’s eligibility; 
        b. The date of the meeting;
        c. The names, positions signatures of the those in attendance at the meeting; and
        d. Any separate written statement provided by a participant who wishes to be on record as disagreeing with the conclusions expressed in the team’s report.

     6. A copy of the IEP Team’s report, together with all documentation upon which it is based, will be maintained in the child’s temporary education record in accordance with confidentiality requirements. 
     7. A copy of the completed document will be provided to the parent(s)/guardian(s). If requested, a copy of any evaluation reports will also be provided.
     8. No later than 10 school days following the IEP meeting, the parent(s)/ guardian(s) will be provided a written notice of the determination of the team in compliance with 23 Ill. Admin. Code 226.520. A copy of the Notice of Procedural Safeguards will also be provided to the parent(s)/guardian(s) no later than 10 school days following the meeting.

G. Determination of a Learning Disability
   1. An IEP team may determine that a student has a specific learning disability if:

        a. The student does not achieve commensurate with his/her age and ability levels ability in one or more of the following areas listed in subparagraph b, of this Section, if provided with learning experiences appropriate for the student’s age and ability levels; and
        b. The team finds that the student has a severe discrepancy between achievement and intellectual ability in one or more of the following areas: 

            (1) Oral expression.
            (2) Listening comprehension.
            (3) Written expression. 
            (4) Basic reading skill.
            (5) Reading comprehension
            (6) Mathematics calculation.
            (7) Mathematics reasoning.

    2. The team may not identify a student as having a specific learning disability if the severe discrepancy between ability and achievement is primarily the result of:

        a. A visual, hearing, or motor impairment; 
        b. Mental retardation; 
        c. Emotional disturbances; or 
        d. Environmental, cultural or economic disadvantage.

    3. At least one member other than the student's teacher must observe the student’s academic performance in the regular classroom setting. In the case of a student of less than school age or out of school, a team member shall observe the student in an environment appropriate for a student of that age.
    4. For a student suspected of having a specific learning disability, the documentation of the team's determination of eligibility must include a statement of:

         a. Whether the student has a specific learning disability;
         b. The basis for making the determination; 
         c. The relevant behavior noted during the observation of the student;
         d. The relationship of that behavior to the student's academic functioning; 
         e. The educationally relevant medical findings, if any; 
         f. Whether there is a severe discrepancy between achievement and ability that is not correctable without special education and related services; and 
         g. The determination of the team concerning the effects of environmental, cultural, or economic disadvantage. 

    5. Each team member shall certify in writing whether the report reflects his or her conclusion. If it does not reflect his or her conclusion, the team member must submit a separate statement presenting his or her conclusions.

H. Reevaluations
   1. The Member District shall ensure that a reevaluation of each student with a disability is conducted whenever conditions warrant an evaluation or the child’s parent(s)/guardian(s) or teacher requests a reevaluation, but at least once every three years. 
    2. The Member District shall reevaluate an eligible student before determining that he/she is no longer eligible for special education and related services.
    3. A reevaluation shall be conducted in accordance with Subsections B-F of this Section. 

I. Consideration of Privately Obtained Evaluations
    1. If the parent(s)/guardian(s) advises MVSEA or the Member District that he/she/they have recently had the student evaluated by an individual not employed by MVSEA or the Member District, the Member District should:

        a. Request a copy of the evaluation report, if available, for consideration by the IEP Team; and
        b. Obtain parent(s)/guardian(s) consent for a release of information from the private evaluator.

    2. Upon receipt of an evaluation report or a request by a parent(s)/guardian(s) to convene an IEP meeting to consider an outside evaluation, MVSEA or the Member District shall, within 10 days, send written notice of an IEP meeting.
    3. At the IEP meeting, MVSEA or the Member District shall consider the results of the evaluation in any decision made with respect to the student’s appropriate public education.


LEGAL REF.:

20 U.S.C. 1412 (State eligibility) 1412 (a)(7), 1413 (local 
educational agency eligibility), 1413 (a)(1), 1414 (a)(b)(c).

34 C.F.R. 300.126, 220, 320, 321, 530-536, 540, 542.

105 ILCS 5/14-8.02 23 Ill. Admin. Code 226.75 (definitions), 226.110 (referral), 226.120 (identification of needed assessments), 226.130 (evaluation requirements), 226.160 (determination of eligibility), 226.170 (criteria for determining the existence of a specific learning disability), 226.180 (independent educational evaluation), 226.210 (IEP team), 226.520 (notification of district’s proposal), 226.840 (qualification of evaluators).
 

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